Agreement Of Cession Of Right Of Demand

Even if a debt were property within the meaning of Section 134, the non-cedendo pactum would prevent the lifeguard from transferring the accounting debts without the bank`s consent. Section 134 (3) does not apply to a standard transfer of accounting debts, since the definition of „guarantee“ in Section 1 of the Insolvency Act is „the property of an estate over which the creditor has a prerogative because of a particular mortgage, the lender`s legal assumption, the deposit or the right of withholding. As noted above, the SCA has established that a transfer is a bilateral legal act by which the Cedent transfers its rights to the members of the assignment. No formality is required for the agreement of commitment or the deed of surrender itself, although the parties may agree on formalities to which the assignment must be completed. The assignment may be express or implied or may be deducted from the conduct of the parties. While the assignment does not need to be reduced to the letter, the parties may agree that it must be written, but it is only valid if it is reduced to the letter. The SCA reviewed the deed of assignment to determine the intentions of the parties. It is a principle of treaty interpretation whereby words must assign their meaning within the framework of the agreement and apply to the purpose to which they relate. The parties to the SCA intended that the bank, by signing the transfer decision, would transfer the right to misconduct to LA DG Brews. The SCA criticized the court`s approach, which treated DG Brews as a surety, and criticized the fact that it did not distinguish between the transfer agreement and the assignment itself. Disposal is a particular method of transferring rights to a non-bodied moving thing in the same way that delivery (traditio) transfers rights to a moving physical thing. It is essentially an act of transmission (Afrik oordragshandeling) which allows the transfer of a right (translatio iuris) from the transfer to the transfer.

The transfer is made by a transfer agreement (oordragsooreenkoms) between the assignor and the means of transfer, resulting from an iusta, from which appears or can be deducted the intention of the latter, the transfer of the right (animus transferendi) and his intention to become the holder of the right (animus acquirendi). It is an agreement to cede the Cedent of the right and to sell it in the assignment. [2] From our point of view, it is clear that economic rescue forces should not legitimately suspend the transfer of accounting debts (or, in this case, any security rights that a bank may enjoy).